Florida 2025 Regular Session

Florida House Bill H1263 Compare Versions

Only one version of the bill is available at this time.

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3	3	HJR 1263 2025
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12	House Joint Resolution 1
13	13	A joint resolution proposing amendments to Section 1 2
14	14	of Article VIII and Section 5 of Article IX of the 3
15	15	State Constitution to require the membership 4
16	16	composition of a board of county commissioners to be 5
17	17	based on population, to require county commissioners 6
18	18	to be elected by the qualified electors who reside in 7
19	19	the same county commission district as the 8
20	20	commissioner, and to requi re the superintendent of 9
21	21	schools to be elected. 10
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23	23	Be It Resolved by the Legislature of the State of Florida: 12
24	24	13
25	25	That the following amendment to Section 1 of Article VIII 14
26	26	of the State Constitution is agreed to and shall be submitted to 15
27	27	the electors of this state for approval or rejection at the next 16
28	28	general election or at an earlier special election specifically 17
29	29	authorized by law for that purpose: 18
30	30	ARTICLE VIII 19
31	31	LOCAL GOVERNMENT 20
32	32	SECTION 1. Counties. — 21
33	33	(a) POLITICAL SUBDIVISIONS. The state shall be divi ded by 22
34	34	law into political subdivisions called counties. Counties may be 23
35	35	created, abolished or changed by law, with provision for payment 24
36	36	or apportionment of the public debt. 25
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45	45	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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47	47	(b) COUNTY FUNDS. The care, custody and method of 26
48	48	disbursing county funds shall be provided by general law. 27
49	49	(c) GOVERNMENT. Pursuant to general or special law, a 28
50	50	county government may be established by charter which shall be 29
51	51	adopted, amended or repealed only upon vote of the electors of 30
52	52	the county in a special election called for that purpose. 31
53	53	(d) COUNTY OFFICERS. There shall be elected by the 32
54	54	electors of each county, for terms of four years, a sheriff, a 33
55	55	tax collector, a property appraiser, a supervisor of elections, 34
56	56	and a clerk of the circuit court. Unless otherwise provided b y 35
57	57	special law approved by vote of the electors or pursuant to 36
58	58	Article V, section 16, the clerk of the circuit court shall be 37
59	59	ex officio clerk of the board of county commissioners, auditor, 38
60	60	recorder and custodian of all county funds. Notwithstanding 39
61	61	subsection 6(e) of this article, a county charter may not 40
62	62	abolish the office of a sheriff, a tax collector, a property 41
63	63	appraiser, a supervisor of elections, or a clerk of the circuit 42
64	64	court; transfer the duties of those officers to another officer 43
65	65	or office; change the length of the four -year term of office; or 44
66	66	establish any manner of selection other than by election by the 45
67	67	electors of the county. 46
68	68	(e) COMMISSIONERS. Except when otherwise provided by 47
69	69	county charter, the governing body of each county shall be a 48
70	70	board of county commissioners . The membership composition of a 49
71	71	board of county commissioners shall be based on the population 50
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82	82	of each county commissioner 's district composed of five or seven 51
83	83	members serving staggered terms of four years . After each 52
84	84	decennial census the board of county commissioners shall divide 53
85	85	the county into districts of contiguous territory as nearly 54
86	86	equal in population as practicable. A county commissioner shall 55
87	87	be nominated and elected to office only by the qualified 56
88	88	electors who reside in the same county commission district as 57
89	89	the commissioner One commissioner residing in each district 58
90	90	shall be elected as provided by law . 59
91	91	(f) NON-CHARTER GOVERNMENT. Counties not operating under 60
92	92	county charters shall have such power of self -government as is 61
93	93	provided by general or special law. The board of county 62
94	94	commissioners of a county not operating under a charter may 63
95	95	enact, in a manner prescribed by general law, county ordinances 64
96	96	not inconsistent with general or special law, but an ordinance 65
97	97	in conflict with a municipal ordinance shall not be effective 66
98	98	within the municipality to the extent of such conflict. 67
99	99	(g) CHARTER GOVERNMENT. Counties operating under county 68
100	100	charters shall have all powers of local self -government not 69
101	101	inconsistent with general law, or with special law approved by 70
102	102	vote of the electors. The governing body of a county operating 71
103	103	under a charter may enact county ordinances not inconsistent 72
104	104	with general law. The charter shall provide which shall prevail 73
105	105	in the event of conflict betwee n county and municipal 74
106	106	ordinances. 75
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117	117	(h) TAXES; LIMITATION. Property situate within 76
118	118	municipalities shall not be subject to taxation for services 77
119	119	rendered by the county exclusively for the benefit of the 78
120	120	property or residents in unincorporated areas. 79
121	121	(i) COUNTY ORDINANCES. Each county ordinance shall be 80
122	122	filed with the custodian of state records and shall become 81
123	123	effective at such time thereafter as is provided by general law. 82
124	124	(j) VIOLATION OF ORDINANCES. Persons violating county 83
125	125	ordinances shall be pro secuted and punished as provided by law. 84
126	126	(k) COUNTY SEAT. In every county there shall be a county 85
127	127	seat at which shall be located the principal offices and 86
128	128	permanent records of all county officers. The county seat may 87
129	129	not be moved except as provided by g eneral law. Branch offices 88
130	130	for the conduct of county business may be established elsewhere 89
131	131	in the county by resolution of the governing body of the county 90
132	132	in the manner prescribed by law. No instrument shall be deemed 91
133	133	recorded until filed at the county sea t, or a branch office 92
134	134	designated by the governing body of the county for the recording 93
135	135	of instruments, according to law. 94
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137	137	ARTICLE IX 96
138	138	EDUCATION 97
139	139	SECTION 5. Superintendent of schools. —In each school 98
140	140	district there shall be a superintendent of schools who sh all be 99
141	141	elected at the general election in each year the number of which 100
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152	152	is a multiple of four for a term of four years ; or, when 101
153	153	provided by resolution of the district school board, or by 102
154	154	special law, approved by vote of the electors, the district 103
155	155	school superintendent in any school district shall be employed 104
156	156	by the district school board as provided by general law. The 105
157	157	resolution or special law may be rescinded or repealed by either 106
158	158	procedure after four years . 107
159	159	BE IT FURTHER RESOLVED that the following stat ement be 108
160	160	placed on the ballot: 109
161	161	CONSTITUTIONAL AMEND MENT 110
162	162	ARTICLE VIII, SECTIO N 1 111
163	163	ARTICLE IX, SECTION 5 112
164	164	ELECTION OF COUNTY COMMISSIONERS AND SUPERINTENDENTS OF 113
165	165	SCHOOLS.—Proposing an amendment to the State Constitution to 114
166	166	require the membership composition o f a board of county 115
167	167	commissioners to be based on population, to require county 116
168	168	commissioners to be elected by the qualified electors who reside 117
169	169	in the same county commission district as the commissioner, and 118
170	170	to require the superintendent of schools to be e lected. 119